Illegal dumping burdens Tap Root Dairy

A pile of debris clutters land along Butler Bridge Road. The state has
ordered the owners of the Tap Root Dairy to clean up materials illegally dumped on their land by others.

Harrison Metzger / Times-News

Harrison MetzgerTimes-News Staff Writer

Published: Wednesday, July 5, 2006 at 6:25 a.m.

Last Modified: Wednesday, July 5, 2006 at 6:25 a.m.

When Bradley Johnston and his family decided to fill some floodplain land near their dairy, they didn't know they would end up paying to clean up illegal dumping by others.

Johnston and his family have owned and operated the Tap Root Dairy since 1974 on about 440 acres off Butler Bridge Road. That includes about 107 acres they own on the west side of the French Broad River across from their dairy.

About a year and a half ago, they started bringing in clean fill dirt and allowing neighbors to do the same to elevate a couple of acres they own across from Jeffress Road for possible future development.

But over the past several months, other people have dumped yard debris, brush and some concrete blocks, shingles and tires.

Now, the family will have to pay to haul off about a dump truck load of non-conforming solid waste or face fines from the N.C. Division of Waste Management.

"We are going to have to put a gate up," Johnston said. "Unfortunately in this world you can't trust anyone to respect your property."

Johnston's brother Billy recently met Deborah Aja, a state waste management specialist, at the site to determine what was legal fill material and what would have to be hauled off.

In a notice of violation issued May 24 to Mary Louise Corn, Johnston's sister and registered agent for the farm, Aja ordered the family to remove illegally dumped solid waste by July 21.

Attempts to contact Corn, a Henderson County School Board member, were not successful. But Johnston said he and his brother plan to haul the stuff to the dump as soon as they finish harvesting hay, probably late next week.

He estimates it will cost him $150 in landfill fees, plus an equal amount in labor and that much again to put up a gate.

"I've got to stop what I'm doing, pay my employees to take somebody else's trash that they should have taken to the Henderson County landfill," he said.

Aja said the dump first came to her attention when she got a call from the former Mills River Town Manager, Dean McGinnis, who said he had been getting calls about the dumping.

"I believe people had been noticing this. I did not speak to any citizens directly," she said.

She first inspected the site on May 9 and issued the violation notice on May 24.

"The majority of what is there is concrete that is unpainted and that is material that is considered beneficial fill and can be used to fill. It is not considered solid waste," she said.

But scattered throughout the site are some tires, metals, plastics, shingles, "and that is what needs to be removed," she said.

Aja ordered the land owners to haul the material to a permitted landfill and provide receipts showing it had been properly disposed.

She also ordered them to secure the site to prevent others from dumping there.

Johnston said he has caught and turned away people with small trailers trying to dump on the property. In the past, he has also caught people dumping household trash on his farm.

"Thank God we haven't had anybody dump that on us (this time)," he said. "There's nothing I hate worse than cleaning up somebody else's garbage."

<p>When Bradley Johnston and his family decided to fill some floodplain land near their dairy, they didn't know they would end up paying to clean up illegal dumping by others.</p><p>Johnston and his family have owned and operated the Tap Root Dairy since 1974 on about 440 acres off Butler Bridge Road. That includes about 107 acres they own on the west side of the French Broad River across from their dairy.</p><p>About a year and a half ago, they started bringing in clean fill dirt and allowing neighbors to do the same to elevate a couple of acres they own across from Jeffress Road for possible future development.</p><p>But over the past several months, other people have dumped yard debris, brush and some concrete blocks, shingles and tires. </p><p>Now, the family will have to pay to haul off about a dump truck load of non-conforming solid waste or face fines from the N.C. Division of Waste Management.</p><p>"We are going to have to put a gate up," Johnston said. "Unfortunately in this world you can't trust anyone to respect your property."</p><p>Johnston's brother Billy recently met Deborah Aja, a state waste management specialist, at the site to determine what was legal fill material and what would have to be hauled off.</p><p>In a notice of violation issued May 24 to Mary Louise Corn, Johnston's sister and registered agent for the farm, Aja ordered the family to remove illegally dumped solid waste by July 21.</p><p>Attempts to contact Corn, a Henderson County School Board member, were not successful. But Johnston said he and his brother plan to haul the stuff to the dump as soon as they finish harvesting hay, probably late next week.</p><p>He estimates it will cost him $150 in landfill fees, plus an equal amount in labor and that much again to put up a gate.</p><p> "I've got to stop what I'm doing, pay my employees to take somebody else's trash that they should have taken to the Henderson County landfill," he said.</p><p>Aja said the dump first came to her attention when she got a call from the former Mills River Town Manager, Dean McGinnis, who said he had been getting calls about the dumping. </p><p>"I believe people had been noticing this. I did not speak to any citizens directly," she said.</p><p>She first inspected the site on May 9 and issued the violation notice on May 24.</p><p>"The majority of what is there is concrete that is unpainted and that is material that is considered beneficial fill and can be used to fill. It is not considered solid waste," she said.</p><p>But scattered throughout the site are some tires, metals, plastics, shingles, "and that is what needs to be removed," she said.</p><p>Aja ordered the land owners to haul the material to a permitted landfill and provide receipts showing it had been properly disposed.</p><p>She also ordered them to secure the site to prevent others from dumping there.</p><p>Johnston said he has caught and turned away people with small trailers trying to dump on the property. In the past, he has also caught people dumping household trash on his farm.</p><p>"Thank God we haven't had anybody dump that on us (this time)," he said. "There's nothing I hate worse than cleaning up somebody else's garbage."</p>